Jury convicts gunman in Duke of York tavern shooting

A jury has convicted Kyle Weese of second-degree murder in the death of Bailey Zaveda, an innocent bystander shot and killed outside an east-end Toronto tavern.

The jury announced its verdict Monday afternoon, after six days of deliberation two years to the day after Ms. Zaveda was shot six times while smoking a cigarette outside the Duke of York Tavern.

Weese, 27, was on trial on charges of first-degree murder and four counts of aggravated assault, alleged to be the suspect who fired more than a dozen shots from a handgun outside the bar, after a dispute with another group of customers.

The jury indicated Sunday that it was deadlocked. Ontario Superior Court Justice Mary Lou Benotto urged the jury to resume its deliberations. This afternoon, it indicated it had a verdict. In addition to finding Weese guilty of second-degree murder, he was also convicted of four counts of aggravated assault for his actions in the early morning hours of October 25, 2008.

Weese showed no reaction as the jury announced its verdict, in a packed courtroom, which included the mother of Ms. Zaveda in the public gallery.

The Crown alleged that Mr. Weese, 27, obtained the handgun from a friend outside the bar and then started firing toward the entrance, following the argument with another group of customers known as the “Scotians” because they were originally from Nova Scotia.

Mr. Weese testified during the trial and admitted getting into a disagreement with one member of the group from Nova Scotia, who touched his girlfriend. Weese insisted he left the bar before the shooting, because he did not want to get into a fight and also because he intended to complete a drug deal that night.

During the trial, the jury heard that Weese has a lengthy criminal record. It was not told however, that the defendant was convicted in 2006 in another shooting incident. Mr. Weese shot and wounded a man a year earlier, following a dispute. A four-year sentence was imposed for aggravated assault. Mr. Weese was released on parole about four months before the shooting at the Duke of York.

The jury was told that Mr. Weese was convicted of assault and not that a firearm was involved, because it might be too prejudicial for the jury deciding whether he was the gunman who killed Ms. Zaveda.